The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-01-11
Supreme Confectionery Term.

Judd presiding. at which the two newly APP
pointed Justices took their seats. large
number of spectators we're present. His Ex
celleucv the Hon. Antoine Rosa, represented
the Crown. The Hon. j. Il. Kaulukou APP
! peared as Marshal of the Kingdom The
| following members of the Bar were in at
tendance: Hons. S. B. Dole, Paul Neumann,
| Cecil Brown and w. Z. Castle, Messrs. John
| Il. Dare, w. A. Whiting, F. NJ. Hatch, L. 4.
| Thurston, Jonathan Austin, Chas. Creighton,
j. NJ. Monsarrat, G. w. Ashford, A. P. Peter
son, w. A. Kinney, V. V. Ashford, A. G.
Smith, Nj. Thompson, j. M. Poepoe, ]. A.
! Magoon, E. fl Ward, w. l.. Holokahiki and
w. Sea.
The Chancellor introduced the Third and
! Fourth Associate Justices, and Hon. S. B.
Dole, speaking for the Bar, gave them a
warm welcome. The following is a brief
outline of his remarks:
His Honor Chief Justice Judd took pleas
ure in introducing to the Bar the two addi-
tional Associate Justices, whose commits
sions they had heard read, and who had both
| been regularly sworn IN according to law.
| This was the first material and important
change which had taken place i'll the consti-
! tuition of the Court since its foundation in
the year 1852. He hoped it would not be
generally understood or believed in the COM
munity that the incumbents under the old
regime desired to increase the number of
| Associate Justices. The Hawaiian Court
was not situated like the Supreme Court of
the United States, where there was large
docket some three years in arrears. He did
not know of another Court In the world
where they had been ahln IN dispose of their
| term business III four HScaa, having as many
cases to deal with as there have been here.
| He thought those cases had not only been
| disposed of with expedition, but with the
utmost care and attention. Statistics show
ed that there had been eighty banco cases in
| two years-forty per year. The hardest part
of their work was not in banco but sitting as
! Judges at nisi prlus and in chambers The
change in the constitution of the Bench had
not been made in Difference to the wishes of
| the lncumbents under the old regime. 1t
was due to an Act passed by the last Legisla-
| ture, which was introduced without refer
ence to them. Personally, he could say of
the new incumbents that they were both
warm friends of his, for whom he entertained
respect and honor, and they would no doubt
have the respect and honor of the commu-
nifty. Mr.. Bickerton and Mr.. Fernandez had
lived for many years in this country, and
their careers were well-known to the Bar.
He congratulated both gentlemen upon their
appointments.
His Honor Mr.. Justice McCully said he
considered that members OF the Bar were to
be congratulated upon the appointments
which had just been made. This movement
for an increase in the Bench had proceeded
from the Bar. 1t was thought that by in
creasing the Supreme Court Bench they could
dispense with the Circuit Court Judges, but
that object had not been attained by the
present law. The Circuit Court Judges re-
main undisturbed, and he was pleased at it
because the Circuit Courts of these Islands
had been presided over by honorable and
conscientious men, who dispensed Justice
impartially and enjoyed the confidence and
respect of the country. The former incum-
bents of the Bench had no feeling of jeal-
ousy in this matter. 1t might be thought
that they would value one-third of the
power of the Supreme Court which they
previously enjoyed more than one-ffth the
power, which is their status now. They had
not at any time been consulted by members
of the Bar in regard to the movement for
this change. 1t was urged by the Bar that
Judge who heard case in chambers or who
tried one should not sit on it in banco. This
was very proper feeling, but the present
law did not achieve that object either. He
only wished that the Bench would long main
tain its present standard.
Mr. S. B. Dole replied for the bar and said
that the change which had taken place in
the constitution of the bench was one which
all felt to be of great importance, but which
had come about in a different way from what
was desired by Il majority of the Bar. Every
one was familiar with the attempts which
had been made to change the constitution of
the Court in banco. Through the influence
of those members of the Bar who were mem
bers of the last Legislature, the law was
passed. The desire was in appellate cases,
to have an entirely different and separate
Bench before which to submit them. This
had been found impracticable, and the plan
was adopted to increase the number of
Judges to five under the original law with no
change in the practice hitherto prevailing.
There should always be three clear men
,O l,o1 NOT hon nd he aoc harn II, oh
cases there was in human nature a tendency
to sustain ones previous expressed opinions,
and it was natural for the member of the
Court who had heard the case to become an
advocate to carry his own views on appeal,
though instances had occurred in which
members of the Court had changed their
minds in these circumstances. The new
members of the Court were men whose char
acters for uprightuess, honesty and impair
TALLY, we're established in the community:
men who were known to all, and who had !
long been accustomed to decide on questions
of fact. The members of the Bar would |
rely always on their sense of justice, impair
TALLY and uprighiness, and in this sense |
they welcome the new Judges to their posi- |
tons. Bench and Bar would form one body |
to ascertain the justice of cases that might |
come up, and he had no doubt they would |
work we'll together.
His Honor, Mr.. Justice Bickerton said. in |
reply: Gentlemen or the Bar-ln entering |
upon the duties of this high and important |
Office, which it has pleased His Majesty to
honor me with, fully recognize and realize |
the responsibilities of the same. | do not
come here a stranger to you, either at the
Bar or as a Magistrate, having presided in
the Police Court of Honolulu for six years
and four months past, in which Court you,
gentlemen of the Bar, have all practiced;
and now thank you for all consideration
and courtesy you have always extended to
me, and l trust those pleasant relations NAV
continue to exist between us-it will not be
my fault if they do not. 1t may be my mis-
fortune to err IN my rulings or judgements
we are all liable to DO so-but you will al
ways find me open to conviction, and ready
to admit my error and correct it when l am
satisfied that l am wrong. Gentlemen, IN
the discharge of the duties which devolve
upon me as one of the Associate Justices of
the Supreme Court it will always be my
study and endeavor TO exercise them with
patience, and without prejudice or Partially. I.
thank you all for your attendance here this
WEDNESDAY, January 9TH.
The King VS.. Paulo. His Excellency An
rpna Rosa i